Is Marijuana Legal in El Salvador?

Marijuana is prohibited for recreational and medical purposes in El Salvador. The country has signed international drug control treaties and enacted its own anti-drug legislation, criminalizing various cannabis-related activities.

Possessing cannabis in El Salvador can lead to imprisonment, and the consequences for possessing, cultivating, and trafficking the drug are harsh. Despite some attempts to decriminalize marijuana and legalize medical marijuana, there is still minimal support for cannabis reform in the country.

Medical Marijuana Laws in El Salvador

El Salvador does not have a legal medical marijuana program. Medical marijuana and recreational marijuana use are banned in this conservative nation.

An International Journal of Drug Policy survey indicated that El Salvador is among the most conservative South American countries regarding drug policy and public perception of cannabis use risks, revealing the challenges in achieving reform.

Only a third of El Salvadorans see recreational cannabis use as a right compared to large majorities in Uruguay and Mexico. Additionally, 70% of the population see a direct connection between cannabis use and crime compared to only 24% in Uruguay.

From a drug policy perspective, the country signed the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, a treaty aimed at combating drug use and trade through international cooperation. A few years later, El Salvador enacted its own anti-drug legislation, known as the Law Regulating Activities Related to Drugs, criminalizing production, distribution, use, and cultivation.

In 2003, the government repealed the law with more specific language in an effort to reduce drug trafficking and gang-related violence. The drug reform legislation increased prior sentence terms for cultivation and manufacturing.

It also modified Article 34 of the law, establishing 2 grams as the quantity to differentiate between possession and trafficking. It did not, however, distinguish between marijuana and other drugs like cocaine or heroin. All drug offenders face the same consequences in El Salvador.

What to Know About About Medical Cannabis in El Salvador

El Salvadorians do not have access to medical cannabis in the country. But recent efforts show this traditionalist Central American nation is somewhat open to change.

Efforts to Legalize Marijuana

El Salvadorian lawmakers seemed open to discussing legalization for the first time in 2012 after the Archbishop of San Salvador expressed support for legalizing certain narcotic drugs. The Archbishop’s viewpoint stemmed from the prevalent violence and the alarming murder rate resulting from illicit trafficking in the region. Despite receptivity, legislatures made no progress in actuating change.

A year later, young people from the collectives “La María Guanaca” and “Autocultivo” began marching in San Salvador to advocate for decriminalizing marijuana cultivation and consumption. The fourth march in 2017 highlighted the need for regulation rather than full legalization.

David Santos, one of the organizers, explained that they were not seeking immediate legalization but rather the allowance for people to grow and consume cannabis, including for medicinal purposes. He emphasized that marijuana has proven therapeutic benefits. Santos also expressed concern about the stigma associated with the plant, stating that some people in El Salvador would rather die in hospitals than support legal cultivation.

The march failed to spur immediate legislative reform in El Salvador. But the movement continues to gain political support.

In 2019, lawmaker Deputy Francis Zablah El Salvador introduced a medical marijuana bill to legalize the medical use of cannabis, as well as domestic production and imports for medical purposes. If the bill became law, patients would need a special medical prescription and registration with the National Directorate of Medicines.

The bill acknowledged the potential therapeutic benefits of cannabis, citing its use in other countries. However, it did not specify allowed quantities or specific illnesses. Deputy Zablah also emphasized that the law did not seek to legalize recreational cannabis use. Regardless, the initiative did not appear to gain the support it needed.

 Access and Penalties

50% to 60% of El Salvadorans say marijuana is easy to obtain. However, those caught breaking the law face relatively harsh penalties:

• Drug manufacturing: In 2003, El Salvador increased prison terms for illicit drug manufacturing from five to 10 to 10 to 15 years.
• Possession: Those caught with under 2 grams face one to three years in prison and a fine of “five to a thousand current urban monthly minimum wages.” Those caught with more than 2 grams, indicating trafficking intent, face three to six years.
• Planting and cultivation: As of 2003, people caught cultivating cannabis face a minimum of 10 and a maximum of 15 years in prison.
• Trafficking: Trafficking cannabis earns offenders 10 to 15 years behind bars.
• Promotion: Those caught promoting cannabis use face six to 10 years in prison.

Can You Grow Cannabis in El Salvador?

Cultivating cannabis is illegal in El Salvador. Its drug laws specify that no person may engage in cultivation, even for experimentation. However, it does offer an exception for medical research.

According to the law, persons or establishments in the pharmaceutical industry, such as research laboratories, may apply for cultivation authorization from the Higher Council of Public Health.

Anyone else caught and convicted of growing cannabis faces at least a decade behind bars.

The Bottom Line

El Salvador’s marijuana laws and perceptions reflect a conservative approach, with strict prohibition and severe penalties for possession, cultivation, trafficking, and promotion. Additionally, the country has not established a legal medicinal use program. Recent efforts have called for the decriminalization of marijuana cultivation and consumption for recreational purposes.

However, legislative change has not occurred, and there is minimal support for cannabis reform in the country. Despite some lawmakers acknowledging marijuana’s therapeutic benefits, proposed bills have not gained sufficient support to progress.

Growing cannabis is also illegal, except for authorized establishments in the pharmaceutical industry. The future of marijuana laws in El Salvador remains uncertain, but the country appears to be moving progressively.